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Tax Topic 452 states the following:
Amounts paid under divorce or separate maintenance decrees or written separation agreements entered into between you and your spouse or former spouse will be considered alimony for federal tax purposes if:
Do you have a decree of separate maintenance set by the court?
It was temp orders
awarding her spousal support
It has to be a divorce decree or decree of separate maintenance in order to be deductible
define decree of seprate maintenance
It would be a court paper titled Decree of Separate Maintenance, typically set up when you are legally separated according to state law..
I think I have one of those
If you have one of those, then the payments are deductible.
You would deduct it on your 1040 and put your wife's social security number in the space to the side
She would have to claim it as income
You will need to check with your attorney to see if you have an order or decree of separate maintenance.
So even if we were not divorced and I was paying her spousal support I can deduct it?
It had to be an order of seperate maintenance. They had a court order for my pay to be garnished
So long as you have a written order, it is deductible. There's no requirement that you actually be divorced.
I would think so, yes if you are getting your pay garnished.
You can read all about this on Tax Topic 452
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